TENANT NUISANCES

Co-op Can Evict Shareholder Tenant Due to Cluttered Apartment

June 24, 2019    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to...

Tenant Didn't Commit Nuisance by Cooking Lunches for Sale Outside Building

June 17, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated a substantial obligation of his tenancy and created a nuisance by cooking 12 to 15 lunches six days week for sale outside of the building....

Landlord Can't Prove Tenant's Apartment Clutter Created Nuisance Condition

May 20, 2019    

Landlord sued to evict 81-year-old HUD/Section 8 tenant for permitting a dangerous nuisance condition at her apartment. Landlord claimed that tenant refused to permit access to landlord for pest extermination, kept...

Eviction Delayed to Determine If Collyer Conditions Were Cured

May 10, 2019    

Landlord sued to evict tenant for creating a nuisance based on "Collyer"-type conditions in tenant's apartment. The court appointed a guardian ad litem (GAL) to assist tenant with the case. Tenant and...

Disabled Tenant Who Caused Fires Given Probation Period as Reasonable Accommodation

May 9, 2019    

Landlord sued to evict tenant based on breach of tenant's lease and nuisance. The trial court found that tenant committed a nuisance by engaging in a pattern of conduct that led to two fires in three months. But...

Tenant's Arrest Wasn't Sufficient Grounds for Eviction

April 28, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's termination notice didn't specify sufficient grounds for the claim....

Lease Termination Notice to Disabled Tenant Fatally Defective

April 25, 2019    

Landlord sued to evict HUD Section 8 tenant for breaching his lease. Landlord claimed that tenant engaged in a pattern of conduct that adversely affected the health and safety of other building residents. This...

Landlord's Nuisance Claims for Tenant Smoking Were Too Vague

March 19, 2019    

Landlord sued to evict tenant for violating a substantial obligation of her tenancy and for creating a nuisance. Landlord claimed that tenant failed to provide access for repairs and created a nuisance by smoking in...

Rent-Controlled Tenant Created a Nuisance

March 17, 2019    

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord claimed that tenant's conduct frightened other tenants. The trial court ruled for landlord, finding that tenant's conduct...

Landlord Didn't Prove Tenant Nuisance at Trial

March 15, 2019    

Landlord sued to evict rent-stabilized tenant for: (a) refusing to provide access for repairs; (b) committing or permitting a nuisance; and (c) refusing to renew an expiring lease. Tenant claimed harassment and...

Tenant of Cluttered Apartment May Be Disabled and Need Article 81 Guardian

January 27, 2019    

Landlord sued to evict tenant for creating a nuisance because tenant created clutter and trash conditions in the apartment while refusing landlord access to exterminate bedbugs. Tenant, with a court-appointed...

Landlord Claims Tenant Operated a Bakery in Her Apartment

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by operating a commercial bakery out of her apartment while also renting rooms to a series of boarders. Tenant claimed that landlord's...